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EMPLOYMENT LAW BULLETIN Vol. 02, No. 07 Courtesy of Eskridge Law, Attorneys at Law An ever-increasing number of employers are streamlining their employee communications systems by providing employee access to the Internet and e-mail. Absent a company Internet policy, however, the risks inherent in the informal nature of the Internet and e-mail can outweigh the benefits of these technologies. Studies show that employee misuse and abuse of the Internet and e-mail are on the rise, while electronic monitoring by employers raises concerns about employee privacy rights. The only way for employers to gain and keep control of their electronic communications is through the development of a clear Internet policy and the monitoring of employee Internet activities. Distribute your Internet policy to all workers and have them sign an acknowledgment that they have read, understood and agree to abide by the policy. Employees should also be warned that violations of the policy will result in discipline, up to and including termination. An Internet policy that will shield employers against liability and loss should address the following: Acceptable Use. You may want to restrict employee Internet use to work-related purposes or perhaps allow employees limited use for personal e-mail. What is essential is to provide a clear statement of acceptable online use. Otherwise, you may find that your company's productivity is "caught in the net." Limited Privacy Expectations. State that all messages sent or retrieved over the Internet are company property and can be monitored. Also state that the company keeps copies of passwords and that a password does not ensure the confidentiality of employee communications. The California Court of Appeal recently ruled that an employee had no expectation of privacy regarding his computer once he was given advance notice of the employer's computer policy and had consented to it. Discrimination and Harassment. Include a provision that downloading or transmission of offensive, obscene or harassing messages or pictures is against company policy. Employers can be sued for sexual harassment and discrimination if an employee shows pornographic or otherwise offensive Internet images to co-workers. One survey found that 56 percent of U.S. employees with Internet access have received racist, sexist or religiously inappropriate e-mail. Confidential Information. Provide a clear statement of company trade secret and proprietary information policy. Employees should also be warned that confidential company information can be inadvertently disclosed over the Internet. The Orange County Register recently reported a survey showing that 10 percent of employees have received e-mail containing confidential business information. Copyright Violations. Inform employees that copying software or other material off the Internet can violate copyright laws unless authorized by the vendor or author. Discovery. Remind employees that e-mail is discoverable and does not disappear when employees delete it. Due to its informal nature, e-mail often contains damaging admissions that can be used against the company in litigation. Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at ealaw.net or employmentattorneys.net.
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